Friday, April 22, 2011

To Obey an Unjust Law is to Approve of it

To obey an unjust law is to approve of it.
Describe a specific situation in which obeying an unjust law might not necessarily mean approving of it. Discuss what you think determines when disobeying a law is justified.

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As rules imposed by an authority, law is designed to maintain order in society and protect its citizens. Governments enforce laws by the threat of punishment (via citation, fine, imprisonment, etc.)for non-compliance. However, citizens may not agree with the law itself for varying reasons--whether it may infringe on their human rights, be contrary to their core beliefs, etc. Many people will abide by the law in order to avoid adverse consequences. However, some may flout the law as a way to further justice and not compromise their vision of fairness.

The "unjustness" of a law is, for the most part, relative depending on one's personal beliefs. For example, some people may not agree with the progressive tax structure which imposes higher income taxes on those with more wealth. They believe that this law violates the standard that all people should be equal under the law---that is, everyone should be taxed on the same rate. However, other people maintain that this tax structure is fair saying that people with more wealth are morally obligated to help those in need.

There may exist law, however, that seem "unjust" on its face and society in the aggregate will disagree with it. For instance, if the Congress passed a law mandating the killing of people with red hair, the citizens will collectively agree that the law is wrong and inherently unjust. Albeit this is an example that would not come to fruition in this day and age, other laws in the 20th century have been flouted for arguably just reasons. For example, the "separate but equal" doctrine was overturned in the 1950s in the movement to desegregate public schools. The doctrine discriminated against people of color and some people openly defied the law in order to provoke change. Indeed, citizens have chosen to break the law in order to bring about a case in the courts. These test cases have been used to question the validity of the law using the judicial system as a conduit of change.

In the majority of cases, people obey laws even if they think they're unfair. The threat of consequences, such as imprisonment and the loss of one's livelihood, is enough to make people conform to the rules of society. Most people do not want to deal with the bureaucracy involved with revoking the laws and hope that others will lead a movement for change. Civil rights organizations, such as the ACLU and NAACP, often organize efforts toward challenging laws deemed unjust by educating citizens on the issues and bringing on lawsuits.

Indeed, the laws of the nation are created by people and are, therefore, fallible. While most people follow a supposedly unjust law in order to avoid consequences, some will openly flout a law. This may be justified in case when the law has the effect of violating human rights or parts of the Constitution. Often, the defiance of certain laws have provoked progressive change in 20th century society---by, for example, championing equality of races and ensuring equal opportunity for people of different income levels.

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